Section 61B-81.001 - Right to Recall and Replace a Board Director; Developers; Other Members; Class Voting(1) For purposes of these rules, "homeowner" is the "member" or "parcel owner" who has the "voting interest" as those terms are defined by Section 720.301, F.S.(2) Developer Representatives. When both a developer and other homeowners are entitled to representation on a board of directors pursuant to Section 720.307, F.S., the following provisions apply to recall and replacement of directors elected or appointed by a developer: (a) Only parcels owned by the developer shall be counted to establish a quorum for a meeting to recall and replace a director who was elected or appointed by that developer.(b) The percentage of voting interests required to recall a director who was elected or appointed by a developer is a majority of the total parcels owned by that developer.(c) A director who is elected or appointed by a developer may be recalled only by that developer.(d) Only the developer may vote to fill a vacancy on the board previously occupied by a director elected or appointed by that developer.(3) Homeowner Representatives. When both a developer and other homeowners are entitled to representation on a board of administration pursuant to Section 720.307, F.S., the following provisions apply to recall and replacement of directors elected or appointed by homeowners other than a developer: (a) Only parcels owned by homeowners other than a developer shall be counted to establish a quorum at a meeting to recall and replace a director elected by homeowners other than a developer.(b) The percentage of voting interests required to recall a director elected by homeowners other than a developer is a majority of the total parcels owned by homeowners other than a developer.(c) A director who is elected by homeowners other than a developer may be recalled only by homeowners other than a developer.(d) Only homeowners other than a developer may vote to fill a vacancy on the board previously occupied by a director elected by homeowners other than a developer.(4) Class Voting. When the governing documents provide that a specific class of homeowners is entitled to elect a director or directors to the board, the class of homeowners electing such director or directors to the board shall constitute all the voting interests that may recall or remove such director or directors.Fla. Admin. Code Ann. R. 61B-81.001
Specific Authority 718.112(2)(j)5., 720.303(10)(d), 720.311(1) FS. Law Implemented 720.301, 720.303(10), 720.307, 720.3075(1) FS.